Judge sets record straight on lawsuit date
by BRANDON FINCHER
Oct 26, 2009 | 2114 views | 12 12 comments | 14 14 recommendations | email to a friend | print
TALLADEGA — A hearing involving the city of Sylacauga’s lawsuit against REEF Environmental Services was held in Talladega County Circuit Court Monday morning to set the record straight on the matter of when the city’s lawsuit could be tried in front of a jury.

The Daily Home had reported last week the court system was involved in the discussion of when the case could be heard, but Circuit Judge Bo Hollingsworth asked the attorneys of both parties if the court had made any suggestion about setting a court date to which the attorneys of both sides answered no.

Attorneys from both parties said the suggested date was decided without the court’s input. The court’s only involvement was to confirm the suggested date in March 2010, the attorneys said.

Hollingsworth also questioned Sylacauga’s attorneys, Jerry Fielding and Blake Lazenby, if they had yet done anything to develop or produce any medical, scientific or environmental expert opinion which would show the odor coming from the REEF facility to be a health hazard to the public.

Fielding said they had investigated some documents from the Alabama Department of Environmental Management and contacted the Alabama Department of Public Health but nothing other than that.

Hollingsworth then asked Fielding and Lazenby if they wanted to have an emergency hearing on the matter and offered to schedule one on Thursday morning.

They declined the offer. Lazenby said, “Judge, I think I speak for the city, we were happy with your suggestion that we try the case all at one time.”

Fielding and Lazenby had submitted a motion on Oct. 6 asking the court to schedule the matter for an emergency hearing at the court’s next convenience.

Hollingsworth also offered to set a trial date of Dec. 10 to hear the case. Bruce Downey, the attorney representing REEF, said he did not think it was possible for him to prepare his case in that short of a time period and asked Hollingsworth to keep the date in late March 2010. Lazenby said he would also like to keep the March date.

Hollingsworth also asked REEF owner Kenton E. Hall, Sylacauga Mayor Sam Wright and Sylacauga City Council president Jim Heigl, who were all in attendance, if they had any questions, which they did not.

When reached for comment after the hearing, Fielding said they did not accept the earlier court date because they needed the time to be able to prepare their case and secure expert witnesses to testify.

“We want to try it all at one time and not do it piecemeal,” Fielding said. “March is a date we feel like the plaintiffs and the defendants can be ready for trial.”

comments (12)
« rogermoland3049@charter.net wrote on Sunday, Nov 08 at 10:44 AM »
romo3 has anyone heard anything about what their going to do about reef environmental
« claraasa@aol.com wrote on Friday, Oct 30 at 08:44 AM »
I will be back at the Commissioners meeting on Nov9 for an action meeting. If someone has any comments....pass them on. I have already covered the roads,bridge,and etc. I do feel we are near the end if we can just hang on. PS I do not live in the mill village, but Sylacauga is home to all of us and regardless of who is elected "this is our town" and our responsibility to have elected officials to work for us. I am trying daily to help everyone
« GeminiD9@aol.com wrote on Thursday, Oct 29 at 11:41 PM »
What will it take to close Reef? The people who are affected by this terrible odor are sick and tired of it. The big trucks are tearing up the roads there and how do they permit those large trucks to cross that small bridge anyway. There are no answers to these questions it seeems.
« palmaldad@yahoo.com wrote on Thursday, Oct 29 at 10:28 PM »
Right, Steve.
« claraasa@aol.com wrote on Thursday, Oct 29 at 06:23 PM »
Reef has 5 lawyers, Sylacauga has 2 and has had 6 months to prepare, yet not prepared and the public must now wait 6 months for them to prepare. I have tried everything I know to stop this awful thing happening to the people of Sylacauga. I have written letter to Governor, CDC, ADEM,Public Health, All Senators, Congressman, local Rep. and Senator. Spoke at Council meeting,Commissioner meeting. PLEASE someone out there tell me what to do next. We need help in Sylacauga. Please none of this bull that goes on with these comments. Honest action and I will try it.
« speakwithoutfear@thirstyforbeer.com wrote on Thursday, Oct 29 at 12:04 AM »
hey keep the comments pithy with no personal attacks.reef wanted the trial to start in march so the lawyers would have to hurry up and probably make a mistake and the case would be dropped.these lawyers will hopefully make a strong case and reef will shut down.don't worry reef will go down if not somebody is getting paid off because what reef is doing is downright disgusting and immoral and they and the politicians will pay the price!
« tvman58@att.net wrote on Wednesday, Oct 28 at 06:16 PM »
BG , from what I understand the Ashland Police arrested Judge Rochestor's son in the park in downtown Ashland and he was stoned real bad on something. In his car was a large amount of various drugs.( I listed some of them below in my other comment). This was one year ago.

Judge Rochestor who was known to have zero tolerance for drug users and give them maximum time in prison when they came before him reccused himself and Sue Bell Cobb appointed Fielding to be the Judge and Robert Rumsey to be the prosecuting attorney and some how it got through the grand jury and was lowered to simple possession whereas the son was given probation.

If no one questions anything about this kind of stuff then the wheels will keep spinning just the same as they always have . Just like the wheels on Skip's RV. If your in the click then you got no worries. Thanks for your inquiry and for speaking out.
« tvman58@att.net wrote on Wednesday, Oct 28 at 06:00 AM »
Larry , I was reading your comment and noticed the mention about Judge Rochestor's son getting probation for lot of drugs : gallon bag of marijauna, 1100 extacy pills , crack rock , crystal meth , smoking pipes,straws etc. Do you reckon that those young men and women that are now in prison for a small amount of marijauna or a couple of pain pills outside of a prescription bottle could have their cases re-heard in light of this new ruling for the judge's son because there must have been some change in the "law" to permit this going to prison (for a long time) for traficking to be lowered to probation. I thought that the police and judges and members of the court and don't forget politicians were subject to the same laws and penalties that everyone else was. Correct me if I am wrong. I have always noticed that there were two different sets of rules in society; one for the so called elite and one for the common folks and knowing this it makes the puzzle come together a whole lot easier. Thanks for your mention of this information.
« Ex Mayor 2 @AOL.Com wrote on Wednesday, Oct 28 at 12:13 AM »
I can't help but wonder if retired Judge Fielding and attorney Blake Lazenby and the others were affected by the stink coming from REEF, would they want to move the hearing up? Judge Hollingsworth is to be commended for doing everything except beg them to ask for an early hering....The judge cannot make the request on behalf of the folks who are suffering. I think I have figured out why these lawyers are dragging the sitution out.....the longer they put it off, in the pretense of researching and preparing for court, the more money that goes in their pocket...a lot of citizens are asking is someone is getting paid off...If you recall, Judge Fielding is the one who slapped Judge Rochester's son on the risk and gave him probation for all the drug charges....Maybe Sylacauga needs to look at getting another city attorney and the folks on the other side maybe need to obtain a good environmental attorney...At one time, the rumor was strong that Judge Fielding was considering running against Senator Preuitt...with all the decisons he has and is making, in my opinion, he would not be any better than what we have....and that is nothing....hve a great day and I hope all the folks in Sylacauga will live long enough to see justice served.
« norton-john@att.net wrote on Tuesday, Oct 27 at 09:30 AM »
well put Steve.

no questions, nothing assuring the citizens of Sylacauga that the odor will be removed. nothing.

typical of our leadership of late. no real surprise here. sad though.
« bammer5172@gmail.com wrote on Tuesday, Oct 27 at 08:27 AM »
BG, it takes longer than 60 days to prepare an Enviromental case. Expert witnesses, soil samples, etc...and please don't go the "well they have had X number of months" route...the lawsuit was just brought in the last few weeks and even then they wouldn't have had enough time to prepare a good case. I agree with the comment below, you will only get one shot, so you better make it count. Give these lawyers some time to prepare so they can put an end to this.
« speakwithoutfear@thirstyforbeer.com wrote on Monday, Oct 26 at 11:28 PM »
hollingsworth needs to come down here and stick his nose inside reef's tank and smell for himself what we are talking about!this should be an open and shut case if it ever starts.these lawyers representing sylacauga better make a good case and provide lots of evidence.this might be our only shot!

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